The Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is a federal consumer protection law that provides current and prospective students and employees insight into what crime is like at federally funded colleges and universities and what policies and procedures these institutions have in place to address it.

The Clery Act, enforced by the U.S. Department of Education, was first signed into law in 1990 following the tragic death of a first-year university student named Jeanne Clery in 1986. This federal consumer protection law aims to help existing and prospective students and employees make informed decisions about whether to work, live, or study at institutions of higher education that receive federal funding. The Clery Act enhances transparency by requiring public and private colleges and universities that participate in federal student aid programs to: 

  • Develop and publish an Annual Security and Fire Safety Report (ASFSR) for current and prospective employees and students each fall,
  • Submit annual crime statistics to the Department of Education for public access each fall,
  • Identify and train Campus Security Authorities (CSAs),
  • Provide support to victims of violence and notify them of their rights and the University’s obligations to them following a report of crime,
  • Issue timely warnings and emergency notifications, and
  • Maintain a daily crime log and daily fire log.

Clery Act Compliance

University Administrative Policy (UAP) 2745: Clery Act Compliance ensures UNM’s compliance with the Clery Act. Clery Act compliance is a University-wide responsibility that requires the cooperation of multiple areas of the University. UNM’s Clery Coordinator and the rest of CEEO work hand-in-hand with the all areas of the University to identify and train Campus Security Authorities, prepare UNM’s Annual Security and Fire Safety Report, support victims of crime, and fulfill other obligations under the statute.

Clery Act Crimes

One of UNM’s responsibilities under the Clery Act is to collect, compile, and classify reports of specific criminal offenses annually in our Annual Security & Fire Safety Report (ASFSR). UNM also discloses Clery Act-reportable crimes on an ongoing basis both in our daily crime log and through UNM’s LoboAlerts system.

Only certain crimes are considered “reportable” under the Clery Act. Clery Act crimes are those that

  1. Involve at least one crime that meets the definition of a Clery Act offense AND
  2. Occur within UNM’s Clery geography.

It is important to note that Clery Act crimes are not limited to those involving students or employees, and that Clery crime statistics represent the number of reports the University receives—regardless of whether the report can be “proven” or is investigated. An incident that involves a crime meeting the definition of a Clery offense and occurs within our Clery geography gets classified as a Clery Act crime regardless of what time of year it is, whether the crime was completed, whether it is investigated, or what a court decides.

Clery Act Offenses

Below is a list of Clery-reportable offenses and their definitions. Please note:

  • The sources for these definitions are based in federal law and do not always align with New Mexico state law.
  • Attempts for all crimes listed are included.
  • Murder/Non-negligent Manslaughter *
    The willful (non-negligent) killing of one human being by another
  • Manslaughter by Negligence *
    The killing of another person through gross negligence.
  • Robbery *
    The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear
  • Aggravated Assault *
    An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
  • Sex Offenses
    • Rape*
      The penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
    • Fondling**
      The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity
    • Incest**
      Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
    • Statutory Rape**
      Sexual intercourse with a person who is under the statutory age of consent.
  • Violence Against Women Offenses
    • Domestic Violence†
      A felony or misdemeanor crime of violence committed — By a current or former spouse or intimate partner of the victim;
      • By a person with whom the victim shares a child in common;
      • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
      • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
      • By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
    • Dating Violence†
      Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
    • Stalking†
      Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or suffer substantial emotional distress.
  • Hazing‾
    • Any intentional, knowing, or reckless act committed... [text content identical to original]
  • Burglary*
    The unlawful entry of a structure to commit a felony or a theft
  • Motor Vehicle Theft*
    The theft or attempted theft of a motor vehicle
  • Arson*
    Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

An “arrest” for Clery Act purposes is defined as persons processed by arrest, citation, or summons.

A “referral for disciplinary action” is defined for Clery Act purposes as the referral of any person to any official who initiates a disciplinary action...

  • Weapons Law Violations^
    The violation of laws or ordinances prohibiting the manufacture, sale, purchasing, transportation, possession, concealment, or use of firearms...
  • Drug Abuse Violations^
    The violation of laws prohibiting the production, distribution and/or use of certain controlled substances...
  • Liquor Law Violations^
    The violation of State or local laws or ordinances prohibiting: the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages...

A hate crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim...

  • Murder/Non-negligent Manslaughter‡
    The willful (non-negligent) killing of one human being by another.
  • [... rest of hate crime definitions identical to original text ...]
  • Race‡
    A preformed negative attitude toward a group of persons who possess common physical characteristics... (for example: Asians, blacks or African Americans, whites).
  • [... rest of bias categories identical to original text ...]

A crime is “unfounded” if a reported crime is investigated by law enforcement authorities and found to be false or baseless...

Crimes for which no arrest is made, there is lacking evidence, or law enforcement has no leads or are not considered unfounded crimes.

Definition Sources

*A “Primary Offense” under the Clery Act whose definition comes from the FBI’s Uniform Crime Reporting Program’s Summary Reporting System (SRS) User Manual

**A “Primary Offense” under the Clery Act whose definition comes from the FBI’s Uniform Crime Reporting Program’s National Incident-Based Reporting System (NIBRS) Data Collection Guidelines

†A “Violence Against Women Act (VAWA) Offense” (as defined by the Violence Against Women Act of 1994 and repeated in the Clery Act regulations

^An Arrest/Citation/Summons or Referral for Disciplinary Action whose definition comes from the FBI’s   Summary Reporting System (SRS) User Manual

‡A Hate Crime whose definition comes from the FBI’s Uniform Crime Reporting Program’s Hate Crime Data Collection Guidelines and Training Manual)

‾The Hazing definition comes from the Stop Campus Hazing Act.

 

Clery Act Geography

UNM’s “Clery Act geography” comprises three categories of physical property for the purposes of disclosing our Clery Act crime statistics. They are “on campus”, “non-campus”, and “public property”.

On-campus Property

On Campus geography includes any property or building that is owned or controlled by UNM within the same reasonably contiguous geographic area and used in direct support of, or in a manner related to, educational purposes, OR within or reasonably contiguous to the area of campus, that is UNM-owned but controlled by another person, is frequently used by students, and supports institutional purposes, such as retail or food establishments. 

Examples of on campus locations include lecture halls, the Student Union Building, recreational and athletics facilities such as The Pit and the Johnson Center, UNM Hospital, and administrative offices on campus.

On-campus Student Housing

On-campus Student Housing is a subcategory of the on-campus property category. In addition to showing which Clery Act crimes took place on campus, the ASFSR also displays a subset of on-campus reports indicating which ones originated inside UNM’s on-campus student housing facilities.

Non-campus Property

Non-campus geography comprises those properties and buildings that are owned or controlled by a student organization officially recognized by UNM OR owned or controlled by UNM and is used in direct support of, or in relation to, the institution's educational purposes, are frequently used by students, and are not within the same reasonably contiguous geographic area of campus.

Examples of non-campus locations include places where UNM regularly offers off-campus courses, some Greek housing, off-campus research facilities that UNM owns, leases, or controls, UNM-owned housing for medical students attending an off-campus program, and off-site venues where UNM students stay or study for more than one night or on a recurring basis where there is a written agreement in place between UNM and the venue.

Public Property

For the purposes of Clery Act crime reporting, Public Property considered any property that is situated within the same reasonably contiguous geographic area of, within, or adjacent to the UNM campus that is

  • publicly and not privately owned,
  • adjacent to a facility owned or controlled by UNM if the facility is used by UNM in direct support of, or in a manner related to, UNM's educational purposes, AND
  • accessible from campus (that is, unrestricted by a barrier such as a fence or roadway). 

Examples of public property are sidewalks, streets, bus stops, and parks along the campus perimeter where physical access from campus is restricted. Some public streets that directly border UNM’s campus include:

  • University Blvd
  • Central Blvd
  • Lomas Blvd
  • Vassar Dr
  • Stanford Dr
  • Avenida César Chávez
  • Buena Vista Dr, and
  • Indian School Rd

UNM’s Clery geography maps for Central, South, and North Campuses are currently being reviewed and updated. To view the most current version of these maps for Central and South Campuses, click on one of the links below.